GENERAL TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. YOU MUST ACCEPT THE PROVISIONS OF THIS AGREEMENT IF YOU WISH TO USE OUR SERVICES. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT ENTITLED TO USE THE SERVICES AND MUST NOT PROCEED.
Capitalized terms have the meanings given to them where defined in this Agreement.
In consideration of Your use of any of the Services (defined below) provided by Fenix Technologies Limited with registered address at Business Center – Ground Floor, Accelerator Building, Masdar City, Abu Dhabi, UAE with registration number MC 12408 doing business as Fenix or any other commercial name that may be used from time to time ("Fenix", “We”, “Us”, “Our”), Fenix requires that You ("Rider", "You", or "Your") agree to all terms and conditions in this agreement ("Agreement").
The services provided by Fenix include (1) Fenix mobile application and related website, (2) Fenix electric scooters ("Vehicle" or "Vehicles") and (3) all other related equipment, maintenance, personnel, services, applications, websites, and information provided or made available by Fenix (collectively, the "Services").
By clicking to accept the provisions of this Agreement, you agree to be legally bound by this Agreement. If you do not agree to this Agreement and the conditions of use stated herein, do not use the Services. The Agreement comes into effect at the moment when you confirm your acceptance.
In this Agreement, "Applicable Law" means all laws, ordinances, statues, rules, codes, orders, decrees, regulations, municipal by-laws, judgements, decisions, rulings or awards of any governmental, administrative authority or agency, (in each case whether National or Municipal) having jurisdiction over the relevant matter, or the same as issued by any real estate developer or management company, as applicable;
You should CAREFULLY READ all terms and conditions before entering into this Agreement and in particular you should read the section 15 titled "RELEASES, DISCLAIMERS; ASSUMPTION OF RISK", but below is a summary of some of the key operational terms that Fenix wants to bring to Your initial attention.
We agree to allow the Rider to rent the Vehicles, subject to the terms and conditions of this Agreement. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Dirhams
1. GENERAL RENTAL AND USE OF VEHICLE
Fenix and the Rider are the only parties to this Agreement. The Rider is the sole renter and is solely responsible for compliance with all terms and conditions contained herein. You understand that when You activate a Vehicle from the location, the Vehicle must be used only by You. You must not allow others to use a Vehicle that You have activated from the location.
Rider represents and certifies that he or she is at least 18 years old. If the Rider is over 18 years old but under 21 years old, the Rider represents and certifies that he/she has the permission of his/her parents to enter into this Agreement in their full knowledge and with their consent.
Rider represents and certifies that he/she is familiar with the operation of the Vehicle, and is reasonably competent and physically fit to ride the Vehicle. You are responsible for determining whether conditions, including, without limitation, rain, fog, snow, hail, ice, heat, sandstorm or electrical storms, make it dangerous to operate a Vehicle. You must adjust Your riding behavior and braking distance to suit all conditions, including the weather, visibility, surrounding environment, and traffic conditions.
Rider agrees that the Vehicle and any Fenix equipment attached thereto, at all times, remain the exclusive property of Fenix. You must not dismantle, write on, or otherwise modify, repair or deface a Vehicle, any part of a Vehicle, or other Fenix equipment in any way. You must not write on, peel, or otherwise modify or deface any sticker on a Vehicle in any way. You must not use a Vehicle, or other Fenix equipment, for any advertising or other commercial purpose without the express written permission of Fenix. Breach by You of this section may constitute a criminal offence.
Rider agrees and acknowledges that the Vehicles must be rented within the maximum rental time limits set forth below. The number of Vehicles is limited and Vehicle availability is never guaranteed.
Rider agrees to only use, operate, and/or ride the Vehicle in areas where the Vehicle is allowed such as sidewalks, pathways, bike lanes, pedestrian crossings in accordance with Applicable Laws. Use of the Vehicles on the main public roads and highways in UAE is illegal and a breach of this Agreement. Our Services will indicate, via the app and website which areas the Vehicle will function in. We equip all the Vehicle with technology which automatically disables the Vehicle if it is taken outside such areas. You expressly agree that You will not use any Vehicles in any restricted areas and You assume all responsibility and liability for any operation of any Vehicle in any restricted area, including any fines or fees as a result of Your use of any of the Vehicle in any restricted areas. You expressly agree that you will not end a Ride in restricted areas. If a Vehicle is confiscated or impounded by a competent authority as a result of Your breach of this section, You agree to pay us all our costs and expenses involved in retrieving the Vehicle or in replacing the Vehicle with a similar Vehicle, where the Vehicle cannot be retrieved.
Rider agrees to follow all Applicable Laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle, including any helmet laws. Rider also agrees to act with courtesy and respect toward others while using the Services. You are solely responsible and liable for any violation of any Applicable Laws while using the Services, including improper riding and/or parking, and you agree that you are solely responsible and liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorneys’ fees, judgments, suits, fees (including impounding fees charged by any government authority) and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, as a result of using any of the Services. We do not insure You for any liabilities You may incur, either directly or with respect to any third party.
Rider agrees to the following:
(1) You must not operate any Vehicle while carrying any briefcase, backpack, bag, or other item if it impedes Your ability to operate safely the Vehicle with 2 hands. You must ensure that any loose clothing does not interfere with the safe operation of the Vehicle.
(2) You must not operate any Vehicle in violation of any Applicable Laws, including any and all rules pertaining to riding any Vehicles on sidewalks bike lanes and/or parking Vehicles.
(3) You must not place objects on the handlebar of the Vehicle, such as backpacks or bags.
(4) While riding a Vehicle, You must not use any cellular telephone, text messaging device, portable music player, headphones or other device that may distract You from operating the Vehicle safely.
(5) You must not operate a Vehicle while under the influence of any alcohol, drugs, medication, or other substance that may impair Your ability to operate a Vehicle safely.
(6) You must not carry any other person on a Vehicle.
(7) You may only use locking mechanisms provided by Fenix. You may not add another lock to the Vehicle or lock a Vehicle to anything.
(8) You must be 18 years or older to ride the Vehicle
When ending a Ride, the Vehicle must be parked at a lawful parking spot without contravening any Applicable Laws, in an accessible area, in an upright position using the kickstand and in a manner that prevents the Vehicle from falling over or obstructing traffic. The Vehicle cannot lean against another object and must be always locked. The Vehicle may not be parked on unauthorized private property, in a locked area, or in any other unapproved space including parking against trees, in green lands, parks, cemeteries, gardens, sports grounds, children's playgrounds, car parking spots, blocking fire hydrants, blocking pedestrian walkways, camping sites, swimming sites or in any place located less than 10 meters from an open water source. You should not park the Vehicle in heavily trafficked areas if the Vehicle is in danger of being knocked down nor on roads where the unimpeded passage would be less than 1.5 meters. The Vehicle must not block parking ticket machines, emergency exits or any emergency vehicles.
Rider agrees that he/she will not use the Vehicle for racing, mountain riding, or stunt or trick riding. Rider shall not tow any object behind the Vehicle nor use the Vehicle for any purpose connected with pulling or exerting force on any other object. Rider agrees that he/she will not operate and/or use the Vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal, and/or a nuisance to others. Rider agrees that he/she will not use the Vehicle for hire or reward, nor use it in violation of any Applicable Laws.
You must not exceed the maximum weight limit for the Vehicle of 100 kilos.
You must not tamper with, attempt to gain unauthorized access to, or otherwise use the Services other than as specified in this Agreement.
Rider must report any accident, crash, damage, personal injury, or stolen or lost Vehicle to Fenix as soon as possible. If a crash involves personal injury, property damage, or a stolen Vehicle, Rider shall file a report with the local police department within 24 hours. Rider agrees that he/she is responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney's fees, judgments, suits or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle, to the extent permissible under Applicable Law.
Rider agrees to pay any fines, fees, penalties, impounding charges, court costs, traffic tickets, tolls, and/or any other charges incurred by Fenix, that result from Rider parking any Vehicle improperly, or as a result of Rider violating any Applicable Law while using the Services.
Rider agrees to return the Vehicle to Fenix in the same condition in which it was rented. Rider will not be responsible for normal wear and tear (including usual discharge of the battery during operation).
The Vehicle is an electric Vehicle that requires periodic charging of its battery in order to operate. Rider agrees to use and operate the Vehicle safely and prudently in light of the Vehicle being an electric Vehicle and all of the limitations and requirements associated therewith. Rider understands and agrees with each of the following:
(1) The level of charge power remaining in the Vehicle will decrease with use of the Vehicle (over both time and distance), and that as the level of charge power of the Vehicle decreases, the speed and other operational capabilities of the Vehicle may decrease (or cease in their entirety).
(2) The level of charging power in the Vehicle at the time Rider initiates the rental or operation of the Vehicle is not guaranteed and will vary with each rental use.
(3) The rate of loss of charging power during the use of the Vehicle is not guaranteed and will vary based on the Vehicle, road conditions, weather conditions, and other factors.
(4) It is Rider's responsibility to check the level of charge power in the Vehicle and to ensure that it is adequate before initiating operation of the Vehicle.
(5) The distance and/or time that Rider may operate the Vehicle before it loses charging power is never guaranteed.
(6) The Vehicle may run out of charging power and cease to operate at any time during Rider's rental of the Vehicle, including before reaching Rider's desired destination.
(7) If the Vehicle runs out of charging power during a rental, Rider shall conclude the Ride in compliance with all terms of this Agreement. Rider must monitor charging levels during use and ensure that Rider does not run out of charging power in an unsafe environment. If an accident occurs because the Vehicle ran out of power, Fenix shall not be held liable.
(8) You must not charge the Vehicle yourself or attempt to attach any power supply (whether mains powered, generator powered, battery powered or otherwise) to the Vehicle. Fenix charges Vehicles periodically when in Fenix's custody between Rides.
2. PAYMENT AND FEES
Rider may use the Vehicle on a pay per Ride basis (“Ride” means the unlocking of the Vehicle through the Fenix mobile application and the use until the conclusion of the use by parking the Vehicle through a locking mechanism) or as otherwise in accordance with the pricing described in the Fenix mobile application. In each case, fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Fenix. Fenix will charge the Rider (through credit and/or debit card and/or through any other payment method offered during the subscription process) the amount of the fees as described in this Agreement.
Promo codes (discounts) are one-time offers and can be redeemed only via the Fenix App. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
Maximum rental time for a single Ride is 24 hours. Rider agrees that Rider will deactivate the Vehicle rental within 24 hours of renting a Vehicle. Rider may then rent again. Rider agrees that he/she is solely responsible for being aware of any elapsed time related to the timely locking of the Vehicle. Rides not concluded within the time limit may result in a Vehicle being deemed lost or stolen. Please see "Lost or Stolen Vehicle" section below.
To be registered to use the Services, Rider must provide Fenix with a valid credit or debit card number and expiration date. Rider represents and warrants to Fenix that Rider is authorized to use any credit or debit card Rider furnishes to Fenix. Rider acknowledges that infringement of such representation and warranty may be a criminal offence. Rider authorizes Fenix to charge the card for all fees incurred by Rider. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Fenix. If Rider disputes any charge on Rider's credit or debit card account, then Rider must contact Fenix within 10 business days from the end of the month with the disputed charge, and provide to Fenix all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the Ride associated with the disputed charge. Rider agrees to immediately inform Fenix of all changes relating to the card and acknowledges that the Rider is not entitled to use a Vehicle if Rider's card details are not up-to-date or if there is insufficient credit available on the card.
If You do not return a Vehicle to a valid area at the end of a Ride (i.e. You deactivate the Vehicle on inaccessible private property, a locked area, an area outside the permitted use boundary of the Vehicle, or another unreachable area), Fenix, at its sole discretion, may choose to charge You the actual pick-up fee incurred by Fenix (in any case not exceeding up to AED 500. If any Vehicle accessed under Your account is abandoned without notice, You will be responsible for all fees until the Vehicle is recovered and deactivated, plus services costs actually triggered (in any case not exceeding AED 500) to recover the Vehicle.
Before each use of a Vehicle, Rider shall conduct a basic safety inspection of the Vehicle, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; (iv) sufficient battery charge power (above 20%); and (iv) any obvious sign of damage, unusual or excessive wear, or other open and obvious mechanical problem/maintenance need. Rider agrees not to ride the Vehicle if there are any noticeable issues, and to immediately notify customer service to alert Fenix of any problems.
3.1.1. If at any time, whether prior to, during, or after riding any Vehicle, Rider discovers any defect or notices any other potentially unsafe condition on any Vehicle, no matter how slight, he/she must not use the Vehicle, or, if he/she is already riding the Vehicle, he/she must immediately cease riding when it is safe to do so.
3.1.2. Rider agrees to immediately report the detected defect or condition to Fenix.
3.1.3. If Rider does not strictly comply with the aforementioned requirements, he/she shall be totally and completely liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, arising from such defect or condition and Rider shall indemnify and hold harmless Fenix for the same.
A Vehicle may be deemed lost or stolen if (a) the Ride is not completed within 24 consecutive hours, (b) the Vehicle's GPS unit is disabled, (c) the Vehicle is not returned to a valid area at the end of a Ride and cannot be recovered by Fenix using reasonable efforts (d) the Vehicle moves more than thirty feet after a Ride has ended and Fenix believes such movement was not caused by another Rider or authorized third party, or (e) other facts and Fenixumstances that suggest to Fenix in its reasonable, good faith determination that a Vehicle has been lost or stolen. Fenix and You agree that the last Rider of a Vehicle shall be responsible for a lost or stolen Vehicle unless facts and Fenixumstances suggest otherwise to Fenix in its reasonable, good faith determination, to the extent permissible under Applicable Law. If Fenix deems a Vehicle lost or stolen, Fenix shall have the authority to take any and all actions it deems appropriate (with respect to the last Rider of a Vehicle or otherwise), including (without limitation) obtaining restitution and other appropriate compensation and damages (which includes reserving the right to request from Rider the reimbursement of the current value of the Vehicle plus services costs actually triggered) and a police report may be filed against Rider. Rider agrees the data generated by Fenix's computer is evidence of the period of use of a Vehicle by a Rider, in the absence of proven error. Rider agrees to report Vehicle disappearance or theft to Fenix immediately or as soon as possible.
Fenix recommends that all Riders wear a helmet at all times while using any of the Services, Vehicles and/or related equipment, whether required by law or not.
3.3.1. Fenix recommends that Rider wears a helmet that has been properly sized, fitted and fastened according to the manufacturer's instructions.
3.3.2. If wearing a helmet is required by Applicable Laws in the area in which the Vehicle is operated, the Rider must comply with such laws and regulations at all times.
3.3.3. Fenix does not represent or warrant the quality or safety characteristics of any helmet, and Rider agrees that Fenix is not liable for any injury suffered by Rider while using any of the Services due to Rider's act or omission or a third party's act or omission, whether or not Rider is wearing a helmet at the time of injury. Rider assumes all risk of not wearing a helmet or other protective gear.
3.3.4. Rider expressly acknowledges and agrees that he/she may need to take additional safety measures or precautions not specifically addressed in this Agreement, and he/she expressly acknowledges and agrees that determining whether he/she must do so is his/her sole responsibility - not Fenix’s responsibility.
Rider agrees that Fenix does not provide or maintain places to ride Vehicles, and that Fenix does not guarantee that there will always be a safe place to ride a Vehicle. Roads, sidewalks, vehicle lanes, and vehicle routes may become dangerous due to weather, traffic, or other hazards outside of Fenix’s control. Fenix shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all Applicable Laws at all times in choosing a route, and it is Your sole responsibility to be familiar with the Applicable Laws in the place in which You are using the Services and/or the Vehicles.
Rider agrees that Fenix is not a common carrier. Alternative means of public and private transportation are available. Fenix provides Vehicles only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Vehicle on their own and who have agreed to all terms and conditions of this Agreement.
Fenix makes every effort to provide the Services 365 days per year, but does not guarantee that Services will be available at all times, as unforeseen events or other Fenixumstances might prevent Fenix from providing the Services. Access to the Services is also conditioned on the availability of Vehicles. Fenix does not represent or warrant the availability of any of the Services or the availability of any Vehicle at any time, even if the Vehicle is marked as available on the Mobile Application. Rider agrees that Fenix may have a legitimate need to require the Rider to end a Ride and park a Vehicle at any time. If Fenix does require a Rider to end a Ride then the Rider will do so and park the Vehicle appropriately.
Subject to Rider’s strict compliance with this Agreement, Fenix grants Rider a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services or its content. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant or for the commercial benefit of the Rider; or any use of data mining, robots, cookies, scraping or similar data gathering and extraction tools. Except as expressly permitted herein, the Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Fenix’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
All of the content featured or displayed on the Services and the Fenix App, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Fenix, its licensors, vendors, agents and/or its Content providers. All elements of the Services, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. The Services, its Content and all related rights shall remain the exclusive property of Fenix or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.
All trademarks, service marks and trade names of Fenix used herein (including but not limited to: Fenix name, Fenix corporate logo, the Services name, the Services design, and/or any logos) (collectively “Marks”) are trademarks or registered trademarks of Fenix or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Fenix trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Fenix’s prior written consent. You shall not use Fenix’s name or any language, pictures or symbols which could, in Fenix’s judgment, imply Fenix’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Rider understands that he/she will need to create an account to have access to the Services. You will: (a) provide true, accurate, current and complete information about Yourself as prompted by the Services' registration, sign-in, or subscription page (such information being the "RegistrationData") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Fenix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fenix has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for the security and confidentiality of Your password and account. Furthermore, You are responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services. We have the right to provide user billing, account, Content or use records, and related information to third parties under certain circumstances (such as to the extent necessary to perform and administer this Agreement, to exercise our rights and in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business or, in some cases, as a result of mandatory data sharing with governments or authorities).
Fenix may require you to submit photographic or other evidence that a Ride has finished and a Vehicle has been properly parked. Such requested submissions are referred to as “User Submissions”. Your User Submissions remain Your intellectual property, however You hereby expressly grant Fenix a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world.
You should only provide User Submissions as required by Fenix and should not provide us with content which depicts or identifies any person other than the Rider or which contravenes section 3.13, below.
Rider is prohibited from using the Services to transmit any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material, blasphemous material or material which is contemptuous or insulting to religions, or any other material that infringes public morality, or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or otherwise violate any law. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole and absolute discretion, that You have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, We may take any action We deem necessary to cure or prevent the violation, including, without limitation, banning You from using the Services without prior notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone transmitting such materials.
Rider agrees that he/she will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in Our sole and absolute discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services, including interfering with any other user's account; or (iii) bypass any measures We may use to prevent or restrict access to the Services.
You shall fully indemnify us and hold us harmless with respect to all costs, damages and expenses (including attorney fees) suffered by us as a result of Your posting of infringing or unlawful Content on the Services or your misuse of the Services.
From time to time, the Services may contain links to websites that are not owned, operated or controlled by Fenix or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither We nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website, nor for the use of Your data by any such website. Neither We nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that You may obtain from using any other websites. If You decide to access any other websites linked to or from the Services, You do so entirely at Your own risk.
You represent that You are over the age of 18, have the right and authority to enter into this Agreement (including, where you are under the age of 21 that You have the permission and full knowledge of your parents), are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Services is and will be in compliance with all Applicable Laws, orders, regulations, ordinances etc. You represent that You have read, understood, agree with, and will abide by the terms of this Agreement. In addition, You represent and warrant that Your User Submissions and all elements thereof are (a) owned or controlled solely and exclusively by You, You have prior written permission from the rightful owner of the content included in Your User Submissions, or You are otherwise legally entitled to grant Fenix all of the rights granted herein; and (b) Fenix’s use of Your User Submissions as described or contemplated herein do not and will not infringe on the copyrights, trademark rights, publicity rights or other rights of any person or entity, violate any law, regulation or right of any kind whatsoever, or otherwise give rise to any actionable claim or liability, including, without limitation, rights of publicity and privacy, and defamation. Furthermore, You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them.
Neither Fenix nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body which is introduced after the date of this Agreement and prohibits performance, in whole or part, of this Agreement; or labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers.
Fenix and Rider will have the right, upon written notice (the term “written” here includes e-mail), to terminate this Agreement immediately and without need for a court order.
Fenix shall be entitled to termination without giving notice and without obtaining a court order, and/or to suspend Your access to the Services for any reason. In particular, Fenix may terminate if: (a) You fail to pay Fenix any amount due under this Agreement or (b) You materially breach any terms or conditions of this Agreement. Upon termination of this Agreement for any reason, Your access to, and use of, the Services will terminate.
Termination of this Agreement does not prejudice Your obligation to pay for any Rides taking place before termination nor does it prejudice any other obligations, rights or liabilities either party may incur under the Agreement before the date of termination.
6. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED
6.1.Rider acknowledges that telephone calls to or from Fenix may be monitored and recorded and Rider agrees to such monitoring and recording.
6.2.Rider verifies that any contact information provided to Fenix, including but not limited to, his/her name, email address, and mobile telephone number is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide to us. Should any of Your contact information change, including Your telephone number, You agree to notify us immediately by calling Customer Service at +971-4-406-2999. You agree to indemnify, defend, and hold Fenix harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, Your provision of any payment details which are not your own and/or from Your violation of any Applicable Laws.
Fenix has the possibility to offer monthly subscriptions for the use of the Vehicles, subject to specific terms and conditions which must be separately accepted by Rider.
Fenix may be contacted by emailing firstname.lastname@example.org.
9. CHOICE OF LAW
This Agreement is governed by, and must be construed and enforced in accordance with, English law. You submit to the exclusive jurisdiction of the courts of the Dubai International Financial Center, United Arab Emirates in relation to any dispute under this Agreement.
10. WAIVER AND SEVERABILITY
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
11. CUMULATIVE REMEDIES
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
12. REFUND POLICY
All fees charged are final and non-refundable.
13. FINAL AGREEMENT; MODIFICATION BY FENIX
This Agreement contains the complete, final, and exclusive integrated agreement between the Parties with respect to its subject matter. At any time and from time to time, Fenix may amend, modify, or change this Agreement, in its sole discretion. Whenever Fenix proposes to change to this Agreement, Fenix will notify the Rider and Rider will be given the opportunity to accept the new agreement by ticking a box. Further, Fenix will post a notification on the Website. If the Rider does not accept the terms of the new agreement then the existing agreement will terminate and the Rider may no longer use the Services. If Fenix amends, modifies or changes this Agreement whilst a Ride is in progress and the Rider does not accept the new agreement during the Ride then the terms of the Agreement which prevailed at the start of the Ride shall remain in effect until the end of the Ride.
14. CONTRACT INTERPRETATION
The headings in this Agreement do not affect the interpretation of this Agreement. "Or" is not to be exclusive in its meaning. "Including" means "including, but not limited to." Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
15. VOLUNTARY EXECUTION OF THIS AGREEMENT
This Agreement is entered into voluntarily, with consideration, and without any duress or undue influence on the part or behalf of Fenix. Rider acknowledges that he/she (a) has read this Agreement; (b) understands the terms and consequences of this Agreement, in particular the Rider's responsibilities and potential liabilities; and (c) is fully aware of the legal and binding effect of this Agreement.
16. RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
To the fullest extent permitted by Applicable Laws, and as to Rider's use of any of the Fenix Services, Vehicles, or related equipment, Fenix and all its affiliates disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. All of the Fenix Services, Vehicles, and related equipment are provided "as is" and "as available," and Rider relies on them at Rider's own risk. The liability of Fenix under this Agreement, other than in respect of liability which cannot be lawfully limited, is limited to the amount of fees paid by You to Fenix under this Agreement. Fenix shall not be liable for any indirect or consequential liabilities whatsoever. Rider is aware that Rider's use of any of the Fenix Services, Vehicles, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to Rider or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
Rider is solely and fully responsible for the safe operation of Vehicle at all times. Rider agrees that Vehicles are machines that may malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury. Rider assumes full and complete responsibility for all related risks, dangers, and hazards.
RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions, including specifically Section 15 Releases; Disclaimers; Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, am at least 18 years of age and have my parents' permission to enter into this Agreement if under 21, will abide by all relevant Applicable Laws and am reasonably competent and physically fit to operate the Vehicle.